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HomeMy WebLinkAboutReso 91-193 - Approve & Authorize mayor to sign agreements for Transfer of Sale of Water between COR & Bella Vista, Centerville, Shasta Dam, Shasta Comm and Mtn Gate Com Services District1 I RESOLUTION NO. 91- I9J ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENTS FOR TRANSFER AND SALE OF WATER BETWEEN THE CITY OF REDDING AND THE FOLLOWING DISTRICTS, FOR THE DISTRIBUTION SET FORTH: BELLA VISTA WATER DISTRICT 1,028 ACRE FEET CENTERVILLE COMMUNITY SERVICES DISTRICT 212 ACRE FEET SHASTA DAM AREA PUBLIC UTILITY DISTRICT 630 ACRE FEET SHASTA COMMUNITY SERVICES DISTRICT 160 ACRE FEET MOUNTAIN GATE COMMUNITY SERVICES DISTRICT 79 ACRE FEET. i i WHEREAS, at its meeting of March 5, 1991, the City Council authorized staff to negotiate the sale of 4 ,000 acre feet of water to ithe neighboring water districts, and to bring back the Agreements for Council approval; and WHEREAS, the above-mentioned Water Districts have met several iI times, and have agreed with the proposed distribution of water at a I price of $45 per acre foot; and i WHEREAS, the City is in the process of having each Water District execute an Agreement for 'Transfer and Sale of Water, a i sample of which is attached hereto and incorporated herein by reference; and WHEREAS, to expedite matters, the Department of Public Works has requested Council approval to having the Mayor sign the Agreements on behalf of the City when they have been signed by the respective j Districts and the Bureau of Reclamation, and form approved by the I City Attorney; I j NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1 . When the above-mentioned Agreements for Transfer and Sale of Water have been signed by each of the five Districts and the j Bureau of Reclamation, and form approved by the City Attorney, the j Mayor, on behalf of the City of Redding, is hereby authorized and I f I � I directed to sign the Agreements between the City of Redding and the following Districts, for the distribution set forth below: ' BELLA VISTA WATER DISTRICT 1,028 ACRE FEET CENTERVILLE COMMUNITY SERVICES DISTRICT 212 ACRE FEET SHASTA DAM AREA PUBLIC UTILITY DISTRICT 630 ACRE FEET SHASTA COMMUNITY SERVICES DISTRICT 160 ACRE FEET MOUNTAIN GATE COMMUNITY SERVICES DISTRICT 79 ACRE FEET. 2 . The City Clerk is hereby authorized and directed to attest the signature of the Mayor on said Agreements, and to impress the official seal of the City of Redding thereto. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 7th day of May 1991 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Arness, Dahl, Fulton, Moss & Buffum NOES: COUNCIL MEMBERS: None i ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None i Ile NANCY FUM, ayor City !of Redding ATTEST: I ETHEL A. NICHOLS, City Clerk FORM A OVED- i RANDALL . HAYS, City Attorney i 2 i AGREEMENT FOR TRANSFER AND SALE OF WATER BETWEEN THE CITY OF REDDING -and- ! <DISTRICT> This Agreement is made this day of 1991, between the <district> hereinafter referred to as "Transferee", and the City of Redding, a Municipal Corporation incorporated under the laws of the State of California,located in the County of Shasta, hereinafter referred to as "City," for the purpose of setting forth the terms and conditions under which City will sell water to Transferee, as more specifically set forth below. i Recitals This Agreement is made with reference to the following agreed facts: The City of Redding is entitled to receive water from the Central Valley Project pursuant to its contract with the United States Bureau of Reclamation,known as the Buckeye Water Contract, No. 1406-200-5272A. Pursuant to the contract terms, the City is entitled to divert 2,960 acre feet of water from the Sacramento River during the calendar year 1991. Transferee is also entitled to receive water from the United States Bureau of Reclamation, pursuant to contract No. <contract number, which water deliveries are from the Central Valley Project, and diverted at <diversion point>. As a result of the ongoing drought conditions, the United States Bureau of Reclamation has required its contractors to reduce their total consumption of water in order to conserve available supplies, including the supply which would normally be available to the Transferee and the City. Because of the requirement from the Bureau of Reclamation that Transferee reduce its total consumption, it will not be permitted to draw the total amount ordinarily available under contract, thereby resulting in hardships for Shasta County residents who are served by the Transferee's water system In accordance with the"1991 Central Valley Project Water Transfer Guidelines" the City has 2,109 total acre feet of"transferable water"available, a portion of which, as set forth below, may be delivered to Transferee. The City has determined that the transfer and sale of such amount to Transferee will not adversely affect its ability to serve its customers' reasonable beneficial needs. i S 1 City has also determined that a certain amount of non-project groundwater is available for transfer, in an amount and under the terms set forth below. The parties to this Agreement acknowledge that an identical agreement to transfer and sell ! water to four other similarly situated agencies within Shasta County has been contemporaneously executed by City and those agencies. Those agencies involved in this transfer are as follows: Bella Vista Water District; Shasta Dam Area Public Utilities District; Centerville Community Services t District; Mountain Gate Community Services District; and Shasta Community Services District. i The total amount to be transferred aggregated between all of the foregoing agencies is 2,100 acre feet. The parties hereto further acknowledge that an independent agreement between the above- mentioned public agencies has been executed to provide for inter-agency transfers of the supply available from the City to maximize efficient distribution between the five receiving agencies. City acknowledges that such inter-agency transfers are contemplated as part of this Agreement, however, such transfers will not affect the Transferee's obligations or liability under the terms of this Agreement. Because the following Agreement involves in part the transfer of water diverted and stored by the Central Valley Project, the parties acknowledge that approval and consent from the United States Bureau of Reclamation will be required as a condition precedent to implementing the terms hereof. AGREEMENT NOW THEREFORE, rr IS AGREED AS FOLLOWS: Quantity of Project Water to be Transferred Section 1. THE C= OF REDDING hereby agrees to sell and TRANSFEREE hereby agrees to purchase a quantity of project water not to exceed <amount> acre feet. The point of 1 delivery,manner of diversion and time and method of payment therefor are set forth below. Quantity of Groundwater to be Transferred Secdon 2. THE CrrY OF REDDING hereby agrees to sell and TRANSFEREE hereby agrees to purchase a quantity of non-project groundwater not to exceed<groundwater amount>. Term of Agreement Section 3. This Agreement shall expire on December 31, 1991. In the event that Transferee has not taken delivery of all available project water and groundwater as defined above City of Redding:Water Sale and Transfer Agreement Page 2 I s � by the termination date,Transferee's rights thereto and the City's obligation to deliver same shall terminate, subject to the following exception. Should the entire amount of project water contracted for not have been delivered by the termination date,Transferee may make application to the United 1 States Bureau of Reclamation for a credit or carry forward for the 1992 water year. In the event that such approval is granted for a carry forward, then the amount not utilized by Transferee shall be available for delivery in 1992. No carry forward beyond 1992 shall be permitted. Payment for Project Nater and Groundwater Delivered Section 4. (a) Project Water. Transferee agrees to pay City the sum of Forty-Five and no/100 Dollars ($45.00) per acre foot of project water contracted for delivery under this Agreement, for a total obligation in the amount of<price>. Payment for the scheduled project water obligation shall be made to the City not later than 30 days in advance of the time a payment is due the United States by the City for the project water delivered to Transferee.In the event that the payment required under this Agreement is not made as provided herein, City shall be relieved of any further obligation to deliver project water to Transferee under this Agreement. (b) Groundwater. Transferee agrees to pay City the sum of One Hundred Sixty-Five and no/100 Dollars ($165.00) per acre foot of groundwater delivered under this Agreement. Payment for groundwater deliveries shall be made not less than 30 days prior to a requested transfer. City will make the requested transfer available to Transferee up to the maximum limit set forth above in Section 2. In the event that any payment required under this Agreement is not made as provided herein City shall be relieved of any further obligation to deliver groundwater to Transferee under this Agreement. (c) Payment to U.S.B.R. No payment set forth in this Agreement with respect to project water shall in any manner effect any parry's obligations to the United States Bureau of Reclamation. Any billing reduction or increase occasioned as the result of this. Agreement shall be the sole responsibility of the party to whom such billing adjustment applies. The parties contemplate that such adjustments may be made in accordance with the"1991 Central Valley Project Water Transfer Guidelines." Delivery Schedules Section 5. (a) Schedules for Delivery of Project Water. Upon execution of this Agreement, and its approval by the United States Bureau of Reclamation,Transferee shall provide to City,proposed delivery schedules for the balance of the calendar year 1991 indicating thereon an estimate of what amount shall be drawn (up to the total available) during each month of the year. Revised schedules indicating actual usage shall be submitted not later than 30 days following the end of the month that water is delivered under this Agreement. Such schedules shall then be City of Redding:Water Sale and Transfer Agreement Page 3 i 1 i forwarded to the United States Bureau of Reclamation for approval, in accordance with the 1991 Water Transfer Guidelines. (c) Schedules for Delivery of Groundwater. Delivery schedules for any proposed groundwater transfer must be provided to City not later than 30 days prior to the i requested transfer. Transferee shall also identify the facility through which groundwater shall be delivered in its delivery schedule. Point of Diversion ! Section 6. All project water delivered under this Agreement shall be drawn by Transferee at <diversion pointy, which facility is operated by the Transferee. Such amounts so drawn shall reduce the amount available to City that would otherwise be drawn from the Sacramento River at its point of diversion. Groundwater deliveries shall be accomplished through facilities which are available to the parties for a direct physical connection of the Transferee's water system to the City water system. i General Provisions Section 7. (a) Bureau Approval.United States Bureau of Reclamation approval is a condition precedent to the effectiveness of this Agreement Both parties will present this Agreement to the Bureau for review and utilize their best efforts to obtain approval. The parties to this Agreement have specifically intended to make every effort to comply with the CVP 1991 Water Transfer Guidelines. In the event any term or condition contained in this Agreement is not in compliance with applicable CVP regulations that govern the subject matter of this contract, the latter will control. (b) Water Quality. The City assumes no responsibility with respect to, and does not warrant the quality of the water to be furnished to Transferee,and its users. (c) Restrictions on Use. Project water delivered under this Agreement may be utilized by Transferee in the same manner as the Transferee utilizes its existing project water supplies as is governed by contract with the United States, and applicable laws. No other restrictions on manner of use of water delivered under this agreement are in effect, with the exception of the following: Transferee.agrees to provide water to landscape maintenance districts located within the City of Redding and which are served by the Transferee, notwithstanding any other drought policy that may be in effect. (d) Termination. This agreement terminates on December 31, 1991, and subject to the availability of water by carry forward pursuant to authorization from the U.S.B.R.,all rights and obligations of the parties shall thereafter automatically be extinguished. ' City of Redding:Water Sale and Transfer Agreement Page 4 i i (e) Legal action or arbitration. If any action or arbitration is commenced to enforce any of the terms or conditions of this Agreement,the prevailing party shall be entitled to reasonable attorney's fees and costs from the losing party. (f) Notices. All notices,requests,payments and other items required to i be furnished under this Agreement shall be mailed or personally delivered at the addresses listed i below: <transferee address> City of Redding Redding,California 960xx Redding,California 96001 i (g) Entire Agreement. This Agreement sets forth the entire agreement between the parties hereto, and any additions thereto or modifications shall be invalid unless the same shall be in writing and signed by all parties to this Agreement. (h) Invalidity. If any portion of this Agreement is held unlawful and unenforceable by a court of competent jurisdiction, only that portion of the Agreement shall be effected. Upon the request of either party, negotiations shall commence to replace that specific subject matter held unlawful and unenforceable. (i) Authority of Parties Executing Agreement. The undersigned authorized representatives, by affixing their signatures hereto, represent that the foregoing Agreement has been approved by the respective governing bodies the parties hereto and that they have authority to execute this Agreement. Dated: ' THE CITY OF REDDING By Mayor 0 <TRANSFEREE> By i City of Redding:Water Sale and Transfer Agreement Page 5